Debashish Samantaray vs Mohammed Moquim

S.K. Sahoo, J

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

It appears from the notes placed that as per order No.60 dated 14.10.2022 passed in I.A. No.27 of 2022, the District Election Officer -cum- Collector, Cuttack has produced the documents in a sealed cover before the Registrar (Judicial) on 21.10.2022 and that has been kept with Registrar (Judicial). Similarly, the documents in a sealed cover has been received from Joint Chief Electoral Officer as per order No.61 dated 14.10.2022 in I.A. No.26 of 2022 which is at flag ‘22’.

Learned counsel for both the parties submitted that they have not inspected the aforesaid documents.

The downloaded copies of nomination papers along with affidavits which were filed by the Election Petitioner with list of documents on 29.06.2022 are marked as Exts.1 to 4 (with objection).

The certified copies of the R.O.Rs. which were filed by the Election Petitioner on 29.07.2022 are marked as Exts.5 to 15 (with objection). The objection was raised mainly on the ground that those were issued on 07.07.2022 and in addition to that, Exts.6, 10, 11, 12, 13, 14 and 15 are not the part of the pleadings of the election petition.

Learned counsel for the Respondent submitted that since the inspection of the documents before the Registrar (Judicial) is incomplete, another date may be fixed for such purpose.

Learned counsel for the Election Petitioner opposed to the prayer made by the learned counsel for the Respondent on the ground that unnecessary time is being consumed for inspection of the documents.

Learned counsel for the Respondent submitted that even though the time is fixed at 11.00 a.m. for inspection of the documents but the learned counsel for the Election Petitioner is coming at 11.30 a.m.

Be that as it may, learned counsel for both the parties shall appear before the learned Registrar (Judicial) on 21.11.2022 so also on 22.11.2022 at 11.00 a.m. for perusal of the documents and admission of the same, if any and the list of admitted documents shall be furnished to this Court by the next date by the learned Registrar (Judicial).

On consensus of learned counsel for both the parties, list this matter on 23.11.2022 at 2.00 p.m.

I.A. No.25 of 2022

Mr. Milan Kanungo, learned Senior Advocate appearing for the Election Petitioner seeks some further time to file objection to this interim application.

Time is allowed till the next date.

I.A. No.23 of 2022

Mr. Bidyadhar Mishra, learned Senior Advocate appearing for the Respondent seeks also some further time to file objection to this interim application.

Time is allowed till the next date..

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